Andrew W. Truty Paralegal Services Presents: Tenancy Agreements, Screening, Maintenance Checklist, Oral Agreements

Andrew W. Truty Paralegal Services Call us at 416-825-3952 or 647 – 688 – 1795 We review rental agreements We write rental agreements We ensure you have all the initial paper work in place to save you time and money if issues arise

Tenant Initial Screening Landlords should have initial tenant screening form before signing the lease. This form should include items such as employment information Past landlords contact information Credit check Why they left their last unit etc. Do not rely on the word of the tenant, take the extra time to verify tenant information

What to include in a Tenancy Agreement What is the unit being used for? How much is the rent and when is it due? The start and end date of the tenancy Rights and responsibilities of both parties: including (see next)

Tenancy Agreement Continued Rights The right to collect rent The right to evict for the nonpayment of the rent. The right to keep the rental unit free from damage, illegal activity and overcrowding The right to evict if the above items become an issue The right to lawful increase the charged rent within the confines of the law. THE RIGHT TO SEEK HELP BY THE LANDLORD AND TENANT BOARD TO ENFORCE RIGHTS.

Tenancy Agreement Continued Responsibilities Not to harrass, coerce, or threaten a tenant. Not to enter the rental unit without providing notice when required. To keep units and the rental property fit for habitation, sanitary and within health standards To respond to reasonable maintenance requests and concerns. To not interfere with a tenant’s reasonable enjoyment of the unit. Not to restrict pets. Not to increase the rent outside of the bounds of the law

Tenancy Agreement Continued Other considerations Who is the responsible for utilities and added services The obligation to not restrict a tenants right to sublet when a reasonable request is made. In the event of legal proceedings, who is liable for legal costs. Charges for key replacements, NSF fees, and other out of pocket expenses specified and agreed upon FAILURE TO PROVIDE A LEASE IN WRITING WHEN REQUESTED CAN SUSPEND YOUR RIGHT TO COLLECT RENT. Some clauses that a landlord may want to include are inconsistent with the legislation and therefore void.

Maintenance checklist Walk the unit with your tenant before signing the tenancy agreement Look for any maintenance issues Have a checklist for the tenant that they have inspected the unit and agree by signing that there are no issues or list the issues and give a timeline as to when repair will occur TAKE PICTURES

Oral Agreements An agreement can exist What was the intention of both parties, this must be clear. Problems arise later on and it becomes hard to prove what both people said Written agreements override oral agreements There are ways of enforcing oral agreements without significant proof. Promissory Estoppel TO ALWAYS BE SAFE HAVE YOUR AGREEMENT IN WRITING.